the environmental impact statement process for resource … · 2020. 7. 30. · 1.1 site-specific...

Guideline

Page 1 of 38 • ESR/2016/2171 • Version 2.00 • Last reviewed: 23 APR 2019 ABN 46 640 294 485

Environmental Protection Act 1994

The environmental impact statement process for resource projects under the Environmental Protection Act 1994

This guideline explains the environmental impact statement (EIS) process for resource projects under chapter 3 of the

Environmental Protection Act 1994.

Table of contents

Introduction ........................................................................................................................................ 3

PART I: REGULATORY REQUIREMENTS OF THE EIS PROCESS .................................................. 4

1 Resource activities that trigger an EIS under the Environmental Protection Act 1994 .......... 4

1.1 Site-specific EA applications and major amendments to an existing EA .................................. 4

1.2 Voluntary EIS applications ...................................................................................................... 5

2 Resource activities that also trigger an assessment under the Environment Protection and

Biodiversity Conservation Act 1999 (EPBC Act) ............................................................................. 6

3 EIS process under the EP Act .................................................................................................... 7

PART II: EIS ASSESSMENT PROCESS........................................................................................... 11

4 Pre-lodgement discussions ...................................................................................................... 11

5 Lodgement of applications and payment of fees .................................................................... 11

6 Information request and advisory bodies ................................................................................ 12

7 Terms of reference .................................................................................................................... 12

7.1 Preparation and submission of the draft TOR (step 1) ........................................................... 12

7.2 Public notification of the draft TOR (steps 2‒4) ..................................................................... 13

7.3 Comments on the draft TOR (step 5) .................................................................................... 13

7.4 Finalisation and public notification of the final TOR (steps 6‒8)............................................. 13

8 Environmental impact statement ............................................................................................. 14

8.1 Preparation of the EIS ........................................................................................................... 14

8.1.1 Requirements under the EP Act ................................................................................................... 14

8.1.2 Requirements under the EPBC Act .............................................................................................. 15

8.1.3 New or previously unforeseen matters ....................................................................................... 16

8.1.4 EIS structure and publishing requirements ................................................................................ 16

8.1.5 EIS consultation ............................................................................................................................. 17

8.1.6 EIS amendments ............................................................................................................................ 17

8.2 Submission and notification of the EIS (steps 9‒18) .............................................................. 17

8.2.1 Submission of the EIS (step 9) ..................................................................................................... 18

8.2.2 Decision on whether the EIS may proceed (steps 10‒11) ......................................................... 18

8.2.3 Public notification of the EIS (step 12) ........................................................................................ 18

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8.2.4 EIS submission period (step 13) .................................................................................................. 19

8.2.5 Statutory declaration of compliance with notice requirements (step 14) ................................ 19

8.2.6 Response to submissions (steps 15‒16) .................................................................................... 19

8.2.7 Assessment of adequacy of response to submissions and submitted EIS (steps 17‒18) .... 20

9 EIS assessment report (step 19) .............................................................................................. 20

10 Completion of process (step 20) ........................................................................................... 21

11 Failure to take a required step ............................................................................................... 21

12 Post EIS process .................................................................................................................... 21

13 Enquiries ................................................................................................................................. 22

14 References .............................................................................................................................. 22

Appendix 1: Acronyms and abbreviations ..................................................................................... 24

Appendix 2: Glossary ...................................................................................................................... 25

Appendix 3: Description of the project and operational land ....................................................... 31

Guideline



Introduction

The Department of Environment and Science (the department) is responsible for the administration and

regulation of resource activities under the Environmental Protection Act 1994 (EP Act). Resource activities

include mining, petroleum (including coal seam gas; CSG), geothermal, and greenhouse gas storage activities.

Resource activities that are proposed to be carried out under one or more resource tenures, in any combination,

as a single integrated operation are known as resource projects.

A high-impact environmental resource project may be required to be assessed through an environmental impact

statement (EIS) process under chapter 3, part 1 of the EP Act. This guideline explains the EIS process for

resource projects under chapter 3 of the EP Act.

An EIS is a written document for a project that is undergoing the EIS process pursuant to the EP Act. The

purpose of an EIS and the EIS process, as defined under section 40 of the EP Act, is to:

assess the potential adverse and beneficial environmental, economic and social impacts of the project

assess management, monitoring, planning and other measures proposed to minimise any adverse

environmental impacts of the project

consider feasible alternative ways to carry out the project

provide information to the public about the project

help the administering authority decide an environmental authority (EA) application for which the EIS is

required

give information to other Commonwealth and state authorities to help them make informed decisions

allow the Queensland Government to meet its obligations for a single environmental assessment

process under a bilateral agreement with the Australian Government.

While the EIS process is highly structured, timing is primarily driven by the project proponent/applicant

(proponent). It is the proponent’s responsibility to provide the information required for the EIS process.

This guideline is subdivided into two parts:

Part I: Regulatory requirements of the EIS process—summarises the regulatory requirements of the EIS

process under the EP Act

Part II: EIS assessment process—explains the stages in the EIS assessment process in more detail.

This guideline should be read in conjunction with the EP Act (chapter 3) and the Environmental Protection

Regulation 2008 (EP Regulation).

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PART I: REGULATORY REQUIREMENTS OF THE EIS PROCESS

This part of the guideline summarises the regulatory requirements of the EIS process under the EP Act.

1 Resource activities that trigger an EIS under the Environmental Protection Act 1994

Resource activities may only be carried out by a person holding, or operating under, an EA issued under the

EP Act and a resource tenement granted under relevant resource legislation (e.g. Mineral Resources Act 1989,

Geothermal Energy Act 2010, Greenhouse Gas Storage Act 2009, Petroleum Act 1923, Petroleum and Gas

(Production and Safety) Act 2004 and the Petroleum (Submerged Lands) Act 1982).

The tenements provide the right to access the land and to undertake exploration, resource assessment,

feasibility studies, prospecting or production. No resource tenement may be granted without an EA being held

for the relevant resource activity.

Applications for an EA for resource activities may be standard applications, variation applications or site-specific

applications. Further information on EA application types can be found on the Queensland Government

Business Portal website (Queensland Government Business, 2019).

Only site-specific applications for new resource activities (‘greenfield’ sites) or the amendment of existing EAs

(‘brownfield’ sites) require a decision whether an EIS is required.

Potential impacts due to large-scale resource projects usually require site-specific applications that trigger

assessment by EIS. The scale (i.e. relative magnitude) of an impact is determined by its intensity, duration,

irreversibility and the risk of environmental harm, as well as social and economic impacts. Section 143 of the EP

Act describes the circumstances under which a resource activity must, or may be, assessed by EIS.

There are several ways that an EIS process under the EP Act may be applied to the assessment of a proposed

resource activity:

A site-specific application for an EA for a resource activity under the EP Act is made and the

department decides that assessment will be by the EIS process. This includes site-specific EA

amendment applications for existing resource activities. Only site-specific applications can trigger the

EIS process; standard or variation applications do not.

An amendment application for an existing EA for a resource activity under the EP Act is made and the

department decides that the proposed amendment is a major amendment.

The proponent submits an application to voluntarily prepare an EIS and the department decides that

an EIS is appropriate for the proposed project.

These matters are explained further in section 1.1 and section 1.2 below.

An EIS under the EP Act is not required when the resource project is a ‘coordinated project’ declared under the

State Development and Public Works Organisation Act 1971 (SDPWO Act).

1.1 Site-specific EA applications and major amendments to an existing EA

The following four stages apply for a site-specific EA application process (chapter 5 of the EP Act):

1. Application stage—proponent lodges an application and the department determines if the application

has been properly made. This includes consideration of the adequacy of information provided in support

of the application to meet the requirements of the EP Act.

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2. Information stage—where the information contained in the application is assessed by the department.

Further information may be requested.

3. Notification stage—where the application documents are made publicly available by the proponent and

the department and people have an opportunity to make a submission.

4. Decision stage—where a decision is made by the department to either approve the application with

conditions (in the form of a draft EA or draft amended EA) or to refuse it.

The decision on whether an EIS will be required is made during the information stage of the EA application

process. If an EA application is found to require an EIS, the EIS process replaces the information and

notification stages.

Also, an EA amendment application requires the department to determine if the amendment should be treated

as a major or minor amendment. Only amendment applications determined to be a major amendment require

consideration of whether an EIS is required.

If an EIS has been completed before an EA application is made, the department needs to determine whether

the environmental risks of the proposed activity(s) requiring an EA have changed since the time an EIS was

completed. If they have, the proponent may be required to undertake public notification requirements and

provide information addressing the differences or to submit a new EIS.

In deciding whether an application requires an EIS, the department will carry out its functions and

responsibilities in accordance with the EP Act. Consideration is given to the triggers in the departments EIS

trigger criteria (DEHP, 2014) and the standard criteria. An EIS cannot be required if the application relates to a

coordinated project under the SDPWO ACT; or an EIS under the EP Act has already been submitted to the

department.

In addition, a decision may be made to require an EIS even if no EIS criteria are triggered, if the department

having regard to the standard criteria determines that the project applied for:

would involve a significant environmental impact, or a high level of uncertainty about potential impacts,

or involve a high level of public interest

is likely to contribute substantially to cumulative impacts. Unacceptable cumulative impacts may occur

when the environmental impacts of a project are added to environmental impacts of other activities over

space and time (e.g. impacts to the local airshed, a regional water catchment, or the environmental

values of aquifers).

Information on applying for an EA or an EA amendment is available at Queensland Government Business Portal

website (Queensland Government Business, 2018) and the department’s webpage.

1.2 Voluntary EIS applications

Sections 69 to 72 of the EP Act allow a proponent to apply to the department for approval to voluntarily prepare

an EIS. The department is required to decide whether to accept or reject an application to prepare a voluntary

EIS. The EIS trigger guideline and the standard criteria are considered by the department when deciding such

applications.

An application for a voluntary EIS allows a proponent to commence an EIS process for a project without having

to submit an EA application. However, the proponent must be able to demonstrate that they have access to the

project area to enable them to carry out the necessary studies for the EIS.

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However, an application to voluntarily prepare an EIS cannot be made when: an EIS requirement is already in

force for an application under the EP Act; or when an EIS must be prepared for the project under another State

Act and that Act does not allow the EIS to be prepared under the EIS process.

The voluntary EIS application must be in the approved form and must be supported by sufficient information to

allow the department to decide whether an EIS would be appropriate for the proposed project. It must also be

accompanied by the prescribed fee.

The EIS assessment process that is initiated by the department approval of an application to voluntarily

undertake an EIS is the same as for an EIS triggered by a site-specific application for an EA and is set out in

Chapter 3 of the EP Act.

Once the voluntary EIS process has been completed the proponent may apply for a site-specific EA and

appropriate tenure to carry out the resource activity.

The form Application to prepare a voluntary environmental impact statement provides guidance on the

information (DES 2017b).

2 Resource activities that also trigger an assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

The EPBC Act is the Commonwealth’s key piece of environmental legislation and is administered by the

Australian Government Environment Department (Australian Environment Department). The EPBC Act requires

that an ‘action’ (refer to glossary for definition) that will have, or is likely to have, a significant impact on a matter

of national environmental significance (MNES) must be referred to the Australian Environment Minister for a

decision on whether assessment and approval is required under the EPBC Act.

Proponents are responsible for referring projects that may impact on MNES to the Australian Environment

Department for assessment. The Australian Environment Minister (or the Minister’s delegate) decides if the

proposed action would significantly impact on MNES and if so, it will be declared a controlled action. If a

proposed action is not controlled, there is no further consideration needed of MNES matters. Substantial

penalties apply for taking actions that significantly impact on MNES without approval under the EPBC Act.

If the decision is made that a proposal is a controlled action, one of the five levels of assessment (of which one

requires an EIS) provided for in EPBC Act are applied, depending on the significance of the project and how

much information is readily available.

Under the assessment bilateral agreement between the Australian Government and the State of Queensland,

proposals that are controlled action and that are required to be assessed by EIS, can be jointly assessed by an

EIS process under the EP Act (DoEE 2014). This applies whether the Queensland Government environment

department has determined that the EIS is required or is voluntary. This means that only one EIS is required

that meets both Commonwealth and State requirements; reducing duplication. The proposed actions will require

approval by the Australian Environment Minister (or the Minister’s delegate) before the actions can commence.

The decision by the Australian Environment Minister is made after the EIS process is completed.

A project cannot be assessed under the bilateral agreement if:

public notification of the draft terms of reference (TOR) for an EIS for a resource project does not state

the ‘controlling provisions’ for the project under the EPBC Act; or

a controlling matter is a nuclear action.

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For the public notification of the draft TOR to state the controlling provisions for the project, the Australian

Environment Department must have previously issued a decision notice stating that the proposed action is a

controlled action, what the controlling provisions are, and that an EIS is necessary.

Further information on EPBC Act requirements and the bilateral agreement are available on the Australian

Environment Department’s website.

3 EIS process under the EP Act

The EIS process consists of the following stages:

submission and publication of the TOR

submission and notification of the EIS

preparation and release of the EIS assessment report.

The EIS process under chapter 3 of the EP Act is summarised in Figure 1. Each step mentioned in Figure 1 is

described in Table 1.

The EIS assessment process is explained in more detail in Part II of this guideline.

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Table 1 The EIS process under chapter 3 of the Environmental Protection Act 1994

TOR submission and publication

•SUBMISSION OF DRAFT TOR

•Proponent submits draft TOR to the department (step 1)

•PUBLIC NOTIFICATION OF DRAFT TOR

•The department prepares & publishes TOR notice (steps 2 & 3)

•Proponent gives TOR notice to interested & affected persons (step 4)

•Draft TOR comment period (step 5)

•FINALISATION OF TOR

•Proponent responds to comments, submits & amends draft TOR for the department's consideration (steps 6 & 7)

•The department finalises and publishes TOR (step 8)

EIS submission and notification

•SUBMISSION OF EIS

•Proponent submits EIS (step 9)

•ASSESSMENT OF ADEQUACY

•The department reviews EIS & decides if EIS can proceed (steps 10 & 11)

•PUBLIC NOTIFICATION OF EIS

•Proponent prepares, publishes and provides EIS notice to interested & affected persons (steps 12 & 14)

•EIS submission period (step 13)

•RESPONSE TO SUBMISSIONS

•Proponent responds to submissions and amends EIS (steps 15 & 16) for the departments consideration

•ASSESSMENT OF AMENDED EIS

•The department decides if the amended EIS is adequate (steps 17 & 18)

EIS assessment

report

•PREPARATION AND RELEASE OF EIS ASSESSMENT REPORT & COMPLETION OF EIS PROCESS

•The department prepares and gives EIS assessment report to proponent & publishes report (steps 19 & 20)

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Step

no.#Task

Time allowed

(business

days)$

Section of

EP Act

Submission and publication of the TOR

1 Proponent submits draft TOR.

The submitted draft TOR must be accompanied by the prescribed

fee.

Initiates EIS

process

41

2 The department prepares TOR notice and provides it to the

proponent.

15 42

3 The department publishes TOR notice. 5 43(1)

4 Proponent gives TOR notice to interested and affected persons. 5 (concurrent

with step 3)

43(3)

5 Comment period for draft TOR. 30 (minimum) 42(3)

6 The department gives comments to proponent. 10 44

7 Proponent responds to comments and makes amendments to

the TOR.

20* 45

8 The department considers comments and the proponent’s

response, publishes the final TOR and gives the proponent a copy

of the final TOR.

20* 46

EIS submission and notification

9 Proponent submits the EIS to the department within 2 years of

receiving the final TOR. The submitted EIS must be accompanied

by the prescribed fee.

Within 2 years* 47

10 The department reviews the EIS and determines if it addresses

the final TOR in an acceptable form and if the EIS can proceed to

public notification.

20* 49(1) & (3)

11 The department provides written notice to proponent if a decision

(step 10) has been made.

10 49(6)

12 Proponent prepares EIS notice.

Proponent provides EIS notice to interested and affected

persons, publishes the EIS notice and makes a copy of the

submitted EIS available on a website.

20

52

51(2)

13 EIS submission period. 30 (minimum) 49(4)

14 Proponent provides statutory declaration of compliance with

notice requirements.

10

(concurrent with

step 13)

53

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Step

no.#Task

Time allowed

(business

days)$

Section of

EP Act

15 The department provides a copy of all submissions to proponent. 10 56(1)

16 Proponent provides to the department a summary of the

submissions, a response to submissions and any amendments of

the EIS.

This must be accompanied by an EIS amendment notice.

20* 56(2) & (3)

66

17 The department decides if the proponent’s response to

submissions and submitted EIS are adequate for the EIS process

to proceed.

20 56A(2) & (4)

18 The department provides written notice of the decision. 10 56A(5)

EIS assessment report and completion of process

19 The department gives an EIS assessment report to proponent

and publishes the assessment report.

30 57

20 The EIS process under Chapter 3 of the EP Act is completed

when the proponent is given the EIS assessment report.

- 60

#Step numbers are provided in this table to assist explanation of the EIS assessment process in Part II of this guideline.

*These time periods can be extended (by agreement) usually only once and then only during the initial period. $business days do not include a business day that occurs during the period starting on 20 December in a year and ending on 5 January in the following year.

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PART II: EIS ASSESSMENT PROCESS

This part of the guideline explains, in more detail, the stages involved in the EIS assessment process under

chapter 3 the EP Act.

4 Pre-lodgement discussions

It is recommended that the proponent engage with the department through a pre-lodgement meeting to discuss:

the project activities

the scale and the feasibility of the project

if the project is expected to have a medium or high probability of causing serious or material

environmental harm or a high probability of causing environmental nuisance

if the project could be considered contentious by the public (e.g. the project has had extensive media

coverage or there is a public perception of potential environmental harm or nuisance)

if a decision under the EPBC Act has been made for the project regarding a specific controlling provision

information and support documents required for the application

relevant timeframes

any matters considered important about this project by the administering authority.

This should occur prior to submitting an EA application or EA amendment application for a project that would

potentially trigger the EIS process, or prior to submitting a voluntary EIS application.

Further information on pre-lodgement discussions is available on the department’s website. To request a

meeting with the department please lodge the Application for pre-lodgement services form (ESR/2015/1664,

DES, 2016).

5 Lodgement of applications and payment of fees

Lodgement of applications (i.e. voluntary EIS application) and EIS documents (i.e. draft TOR and EIS) should

be organised through the EIS coordinator ([email protected]). EIS application documents cannot be applied

online through Connect (https://environment.des.qld.gov.au/connect/).

Fees apply for the following EIS assessment stages:

an application fee for a voluntary EIS when lodging the application

fees for the draft TOR and the EIS when submitting the documents

when the proponent provides a notice of an amendment to an EIS not related to matters raised in

submissions on the EIS under section 56(2) of the EP Act (DES 2017b).

The fees are payable by cheque/money order to the Department of Environment and Science and must be paid

in person on level 3, 400 George Street, Brisbane after making an appointment with the EIS coordinator.

Fees are subject to an annual Consumer Price Index adjustment. Please call Permit and Licence Management

on 1300 130 372 (and select option four), email [email protected] or [email protected] to confirm the

latest fees.

Further information on EIS related fees is available on the department’s website or Queensland Government

Business Portal webpage.

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6 Information request and advisory bodies

The EP Act (section 62) allows the department to seek relevant advice, comment or information from any

person or organisation during the EIS assessment process. If the request is made of the proponent, it must be

written, and must state a reasonable period for the giving of the advice. The request may also be by public

notice.

At notification stages (draft TOR and EIS) in the assessment process, the department seeks advice from

various advisory bodies. For this purpose, an advisory body is an individual or organisation that is requested to

provide advice to the department within the extent of their areas of responsibility, interest and expertise. As

such, advisory bodies provide advice to the department and do not have a decision-making role in respect of the

EIS process. However, they may have a decision-making role in approvals that may be required for the project

under legislation, which they administer.

The option to use advisory bodies is consistent with the department’s aim to ensure the TOR and the EIS are

comprehensive, and adequately assess impacts on matters relevant to the interests and requirements of all key

agencies and interested parties. It is important that parties that may need to give approval for the project are

consulted to ensure that the issues relevant to that approval are adequately addressed in the EIS and

recommendations about the suitability of the project and recommended conditions of approval can be included

in the EIS assessment report. Members of the advisory body may be individuals with specific expertise and can

be selected from the following on a project-by-project basis:

commonwealth and state government departments

local governments

statutory authorities and academic institutions

private organisations, community groups (including environmental groups) and special interest groups

(including recognised landowner and Indigenous organisations).

7 Terms of reference

The TOR is a statutory document that describes the format, structure and content requirements of the submitted

EIS. The TOR stage, including statutory timeframes and relevant EP Act sections, is summarised in Table 1

(steps 1-8).

The TOR stage has a nominal timeframe of 100 business days; comprising of:

50 business days for the department to complete its allocated steps

30 business days (minimum) public comment period for the draft TOR

20 business days for the proponent to respond to submissions and recommend changes to the draft

TOR (step 7).

The steps of the TOR stage are discussed in more detail below.

7.1 Preparation and submission of the draft TOR (step 1)

Once a proponent has received written notification from the department stating that an EIS is required, or the

application for a voluntary EIS has been granted, the proponent can, at any time, provide a draft TOR. Lodging

a draft TOR initiates the statutory timeframes of the EIS process (step 1).

The draft TOR must be in the approved form and must contain sufficient information to enable the department to

finalise the TOR. The ‘Generic TOR template’ for preparing a project specific draft TOR can be downloaded

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from the department’s website (DES 2017b). Furthermore, the proponent is required to provide the following

information in accordance with section 41(3) of the EP Act:

a description of the project and operational land (often referred to as the initial advice statement—refer

to Appendix 3: Description of the project and operational land of this guideline)

a list of names and addresses of all interested and affected persons (as defined in the EP Act).

a statement explaining how interested persons will be consulted

EPBC Act requirements if the project is a controlled action

the prescribed fee (refer to section 5 of this guideline).

There are no application forms for submitting a draft TOR. However, it is recommended that proponents include

information on the type of the application (i.e. voluntary EIS application, site-specific EA application or EA

amendment application) to which the draft TOR relates.

7.2 Public notification of the draft TOR (steps 2‒4)

The submitted draft TOR document is reviewed by the department and, if found acceptable, the department will

prepare the TOR notice and will provide it to the proponent (step 2). The department then publishes the TOR

notice in the approved form in at least one newspaper circulating throughout Australia or in each State or

Territory (step 3). Projects that are assessed under the bilateral agreement must be advertised in a nationally

circulating newspaper, or in newspapers circulating in each state or territory (refer to section 8 of the EP

Regulation).

7.3 Comments on the draft TOR (step 5)

The comment period on the draft TOR is a minimum of 30 business days (step 5). During this comment period,

the department seeks and considers relevant advice, comment or information from project-specific advisory

bodies (refer to section 6 of this guideline) to ensure that their interests are addressed in the TOR.

The department must accept all ‘properly made’ comments, that:

are written

are signed by or for each person (‘signatory’) who has made a submission

state the name and address of each signatory

are made to the chief executive

are received on or before the last day of the submission period.

The department may also decide that a submission that does not meet all these requirements is a properly

made decision.

7.4 Finalisation and public notification of the final TOR (steps 6‒8)

The department provides the comments it receives on the draft TOR to the proponent (step 6). It is a statutory

requirement that a copy of all comments are forwarded to the proponent.

The proponent must provide a summary of the comments, a response to the comments and an amended draft

TOR to the department (step 7) within 20 business days. This period can be extended by agreement.

The department finalises the TOR, considering all comments and the proponent’s response, and publishes the

TOR on its website.

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The proponent has two years to submit an EIS addressing the final TOR.

8 Environmental impact statement

8.1 Preparation of the EIS

8.1.1 Requirements under the EP Act

The EIS must meet the requirements of the EP Act and EP Regulation, and relevant requirements under the

EPBC Act if it is also being assessed under the assessment bilateral agreement. It must address relevant

Commonwealth, state or local government interests in the proposed project and provide information for

regulatory authorities to assist in future decision-making regarding the project. These matters are set out in the

TOR as ‘routine’ and ‘critical matters’.

Key requirements outlined in the EP Act and subordinate legislation, include but are not limited to:

the requirements of section 40 of the EP Act, which specifies the purpose of an EIS and of the EIS

process

the requirements of sections 125, 126126A which set out the general information requirements for

applications for an EA

the requirements of chapter 2 and schedule 1 of the EP Regulation, including matters to be addressed

by assessment under the bilateral agreement between the Australian Government and the State of

Queensland

the environmental objectives and performance outcomes specified in schedule 5, part 3, tables 1 and 2

of the EP Regulation.

Section 139 of the EP Act states that the information stage of the EA application process does not apply if the

EIS process is complete, unless there has been a subsequent change to the proposed project. It is therefore

important that the EIS provide all the information needed to enable the issuing of an EA for the proposed project

as set out in the TOR in conjunction with the latest version of guidance material published on the department’s

website (DES 2016).

The detail in which the EIS deals with all matters relevant to the proposed project should be proportional to the

scale of the impacts on environmental values. When determining the scale of an impact, the EIS must consider

the impact’s intensity, duration, cumulative effect, irreversibility, the risk of environmental harm, management

strategies and offset provisions. The EIS must further identify and assess expected adverse and beneficial

environmental, social and economic impacts of the project and include suitable planning, mitigation and

monitoring measures to manage any adverse impacts of the project. Critical matters need to be specifically

addressed in detail in the EIS either because of the high potential risk of adverse impacts and/or the identified

values potentially affected. Routine matters would require less detailed consideration.

Scientific and specialist studies undertaken in response to the TOR must provide details of the methodology,

reliability, assumptions and scientific conclusions used to predict the potential beneficial and adverse impacts.

Avoidance, mitigation and management strategies for the protection or enhancement of identified environmental

values must be proposed following the department’s management hierarchy: (a) to avoid; (b) to minimise or

mitigate; once (a) and (b) have been applied, (c) if necessary and possible, to offset.

For any significant residual impact, the EIS must propose offsets that are consistent with the following

requirements as set out in applicable State and Commonwealth legislation or policies:

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Where a significant residual impact will occur on a prescribed environmental matter as outlined in the

Environmental Offsets Regulation 2014, the offset proposal(s) must be consistent with the requirements

of Queensland’s Environmental Offsets Act 2014 and the latest version of the Queensland

Environmental Offsets Policy (DES 2018).

Where Commonwealth offset policy requires an offset for significant residual impacts on a MNES, the

offset proposal(s) must be consistent with the requirements of the EPBC Act Environmental Offsets

Policy and Offsets assessment guide and relevant guidelines (Commonwealth of Australia, 2012),

available at: http://www.environment.gov.au/epbc/publications/epbc-act-environmental-offsets-policy

Sufficient information for the following persons and organisations must be provided in the EIS:

The department (administrating authority)—to allow the state to meet its obligations under the bilateral

agreement and to allow the department to decide EA applications for the project. Given that the EIS

process replaces the information and notification stages1 for site-specific EA applications, it is essential

that all the information needed by the department in deciding an EA application is provided in the EIS.

Australian Environment Department —to allow the Australian Environment Minister to make an informed

decision when deciding the project (i.e. approval or refusal and appropriate conditions).

State and local government and other advisory bodies—to provide a framework for decision makers to

assess the environmental, social and economic aspects of the proposed project with respect to the

legislation, policies and standards administered by these bodies; and to assist in making a decision

whether the project could obtain the necessary approvals, or be refused, and to develop conditions.

Affected persons—to provide sufficient information to groups and persons with rights or interests in land;

to understand how the proposed project relates to land of interest; how land would be affected; and how

impacts on land would be assessed, avoided and mitigated. Queensland Government-owned

corporations and businesses (i.e. ports, energy, water and transport service providers) should be

consulted to ensure their assets would meet project demands and that their services are not adversely

impacted by the proposed project. Privately owned utility and service providers should be consulted in a

similar manner. More information about Queensland Government-owned corporations is available at the

Queensland Treasury website.

Interested persons—to provide sufficient information to persons that may have a financial or non-

financial interest in the area in which the project would be situated (e.g. unincorporated community or

environmental bodies).

The proponent—to understand the potential environmental, social and economic impacts of their

proposed project to optimise the benefits and minimise adverse impacts and risks, including identifying

management measures required to avoid, mitigate and offset the adverse and residual environmental

impacts.

8.1.2 Requirements under the EPBC Act

An EIS subject to the bilateral agreement must include a stand-alone assessment report for the MNES included

in the controlling provisions. The report should provide enough information about the project and relevant

1 This is provided in the environmental risks of the activity and the way the activity will be carried out have not changed since the EIS has been completed (see section 12 of this guideline for further information).

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impacts on MNES to allow the Australian Environment Minister to make an informed decision on the project (i.e.

approval or refusal) and, if relevant, impose appropriate conditions of approval.

The information provided in the report must be consistent with other relevant sections of the EIS. Proposed

mitigation measures for MNES must be consistent with those proposed under Queensland legislation while

offsets for impacts on MNES must meet Commonwealth requirements.

For resource projects where water is a controlling provision under the EPBC Act and which are coal seam gas

or large coalmine developments, the Australian Environment Department, jointly with Queensland Government,

must make a referral to the Independent Expert Scientific Committee on Coal Seam Gas and Large Coal Mining

Development (IESC). The IESC provides scientific advice to decision makers on potential impacts from Coal

Seam Gas (CSG) and large coal mining developments on Australia's water resources.

8.1.3 New or previously unforeseen matters

While every attempt is made by the department to ensure the final TOR requires an assessment of all relevant

matters, the final TOR may not be exhaustive. The EIS should address other matters not covered in the final

TOR if the following circumstances arise:

Studies reveal a matter that had not been foreseen when the TOR was finalised.

An issue not identified previously is considered contentious by the public (e.g., project has had media

coverage or there is a public perception of potential environmental harm or nuisance).

The department directs the proponent in writing to address a matter (information request under section

62 of the EP Act).

New or amended legislation or policies come into effect after the TOR has been finalised, regardless of

whether or not the legislation or policies have been listed in the TOR. Transitional arrangements or

exemptions may apply for individual projects.

The proponent makes amendments to the project that would result in a change in the nature, timing or

location of any impacts.

If the EIS omits the analysis of matters initially considered relevant but subsequently found not to be, the

reasons for each omission should be sufficiently documented.

8.1.4 EIS structure and publishing requirements

To avoid duplication, the findings of each section of the EIS should be cross-referenced to other corresponding

sections. Matters already covered in a chapter should not be repeated elsewhere. The only exception is for

projects assessed under the bilateral agreement where the chapter on MNES must be written as a stand-alone

report and should therefore contain information already stated in other chapters of the EIS.

The EIS should meet general formatting and publishing requirements and reflect the format, structure and

content requirements of the final TOR. The EIS is a public document and should be written in plain English so

that a person without any prior knowledge of the project understands the information presented. Acronyms and

abbreviations should be included in full in a glossary of terms. Technical terms should be defined or adequately

explained. Statements used to assess relevant impacts in the main body of the EIS must be supported by

appendices, technical information and supporting data. To support the generic TOR, the department has

developed guidance materials to assist with preparing the EIS.

Maps, diagrams, pictures, artist’s impressions or other illustrative material to assist readers to visualise and

understand information should be clear and unambiguous. Appropriate scaling and orientation should be

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provided. Aerial photography and digital information (e.g. of the project site and adjacent properties) should be

provided.

8.1.5 EIS consultation

The proponent should develop and implement a consultation plan for the persons and organisations identified in section 8.1.1 of this guideline, as well as the general public. The extent to which a proponent consults with relevant persons will be determined by the public interest and significance of the project’s potential environmental, social and economic impacts. Early and sustained consultation is recommended.

The consultation plan should be consistent with, and complement, the notification activities in the EIS process.

The proponent’s consultation plan should identify issues of potential concern to relevant persons and

organisations and address issues from project planning to commencement, project operations, and

decommissioning. The consultation plan should include:

the objectives of the consultation process

timing of consultation

the number and interests of the persons involved

methods of consultation and communication

reporting and feedback methods for consulted persons

an assessment explaining how the objectives have been met

an analysis of the issues raised, including:

– issues raised and by whom

– how each issue will be addressed in the EIS process

alterations to the proposed project as a result of feedback received.

The proponent must also prepare a social impact assessment (SIA) for the proposed project that is consistent

with the requirements of the Strong and Sustainable Resource Communities Act 2017 (SSRC Act) and the

Coordinator-General’s SIA guideline (March 2018).

The SIA is to be developed in consultation with the Coordinated Project Delivery Division in the Office of the

Coordinator-General, Department of State Development, Manufacturing Infrastructure and Planning. The SIA is

to describe the potential social impacts (both positive and negative) of the proposed project, and must identify

relevant and effective impact mitigation and benefit enhancement measures.

8.1.6 EIS amendments

The proponent can amend or replace a submitted EIS at any time before the EIS assessment report has been

given to the proponent, except during the EIS submission period. An EIS amendment, other than an

amendment in response to submissions on the EIS, incurs a fee. An EIS amendment must be accompanied by

the department’s Notice – Amendment/replacement of an original of environmental impact statement

(ESR/2016/2186, DES, 2016).

8.2 Submission and notification of the EIS (steps 9‒18)

The submission and notification stages for an EIS, including statutory timeframes and relevant EP Act sections,

are summarised in Table 1 (steps 9‒18) and explained in more detail below.

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8.2.1 Submission of the EIS (step 9)

The proponent has two years from receiving the final TOR to prepare and submit an EIS (hereafter referred to

as the ‘submitted EIS’) to the department. While it is preferred that the EIS be submitted within this period, the

proponent may request an extension to the chief executive before the two years ends. In considering whether to

grant an extension, the department would take into account the length of extension sought, if any major

changes to the project from that described in the TOR is proposed, whether there has been any major

legislative or policy changes that would affect the project, and any other matter considered relevant.

The submitted EIS must be accompanied by the prescribed fee.

8.2.2 Decision on whether the EIS may proceed (steps 10‒11)

Within 20 business days of the EIS being submitted, the department must determine if it adequately addresses

the requirements of the TOR (step 10). To allow the proponent to address any significant errors or omissions in

the submitted EIS, a longer period for that decision can be agreed between the department and the proponent

(if agreed within the first 20 business days). The department will seek to determine if any changes are needed

to the submitted EIS as early in this 20-day review period as possible.

Once the department has decided whether the submitted EIS is suitable to proceed to public notification (step

10), a written notice of the decision is given to the proponent (step 11). Where the decision is to proceed, the

notice will state the length of the submission period (minimum 30 business days) and a template for preparing

the EIS notice for public notification.

If the submitted EIS does not sufficiently meet the requirements of the TOR, the department can refuse to allow

the submitted EIS to proceed under section 49(6) of the EP Act. If the submitted EIS has been refused, the

proponent can apply to the Queensland Government Environment Minister (Queensland Environment Minister)

to review the decision under section 50 of the EP Act. Under sections 49A(3-4) the proponent may resubmit,

with changes, the EIS once within three months after the day notice of the decision is given to the proponent or

within an agreed period if agreed to by the department and the proponent.

8.2.3 Public notification of the EIS (step 12)

The EIS notice and its contents must be prepared in accordance with section 52 of the EP Act and the department’s guideline Requirements for an environmental impact statement notice (ESR/2016/2172, DES, 2018). The EIS notice must include information on the project and operational land, where the submitted EIS may be inspected (e.g. a local library, the department and/or proponent’s office) or where copies, or extracts, from the submitted EIS may be obtained.

Under section 51 of the EP Act (step 13), the proponent must:

provide the EIS notice to all interested and affected persons, and any other person decided by the

department, before the submitted EIS is made public

provide the EIS notice to the department for publishing on its website

publish an EIS notice in the approved form in at least one newspaper circulating throughout Australia or

in each State or Territory and make a copy of the submitted EIS available on a website.

The submitted EIS must remain publicly available on the internet for a minimum period of 12 months after the

department has issued the EIS assessment report. The submitted EIS must also be published on the

department’s website (or a link to another website) as the ‘application documents’ if the EIS is for an

environmental authority or amendment of an environmental authority.

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Electronic and/or printed copies of the submitted EIS should be provided to each advisory body a few days

before the submission period commences.

8.2.4 EIS submission period (step 13)

The public submission period for an EIS is a minimum of 30 business days unless there are special

circumstances that warrant a longer period (step 13—concurrent with step 14). During this period, submissions

on the submitted EIS are accepted by the department. Submissions, which meet the EP Act requirements for a

properly made submission, have to be accepted. The department can also accept any other submissions if it is

considered appropriate to do so.

As well as receiving submissions from the public and interested persons and organisations, the department

seeks and considers relevant advice, comment or information about a range of matters in the EIS from advisory

bodies (see section 6 of this guideline). The department has to consider all properly made submissions when

deciding on the adequacy of the EIS.

For resource projects where impacts on water resources is a controlling provision under the EPBC Act, the

department, jointly with the Australian Environment Department, must make a referral to the IESC.

The IESC provides scientific advice to decision makers (and proponents) on potential impacts from CSG and

large coal mining developments on Australia’s water resources. Information about the IESC can be found on the

IESC webpage. A referral to the IESC does not affect the statutory EIS assessment timelines.

8.2.5 Statutory declaration of compliance with notice requirements (step 14)

Within 10 business days after the EIS notice has been published, the proponent must provide a statutory

declaration to the department (step 14—concurrent with step 13) consisting of the following:

a statement of compliance under the EP Act

the names and addresses of each person to whom the EIS notice was given

a copy of the EIS notice that was given.

Use the department form Requirements for an environmental impact statement notice (Environmental

Impact Statement) (ESR/2016/2194, DES, 2018)

8.2.6 Response to submissions (steps 15‒16)

All submissions on the submitted EIS are forwarded to the proponent within 10 business days after the

submission period has ended (step 15).

The proponent then has 20 business days to provide the department with:

a summary of the submissions

a statement of the proponent's response to submissions

any amendments to the submitted EIS as a result of the submissions.

This response is often referred to as the ‘supplementary EIS stage’, although it is not a recognised term under

the EP Act. A longer period to make that response may be agreed in writing, within the 20 business days, at the

proponent’s request (step 16).

If changes have been made to the submitted EIS because of the submissions, the proponent must provide an

EIS amendment notice (under section 66 of the EP Act). Use the department form ‘Amendment or replacement

of an original environmental impact statement’ (EM562).

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8.2.7 Assessment of adequacy of response to submissions and submitted EIS (steps 17‒18)

It is essential that the response to submissions and any amendments made to the submitted EIS (often referred

to as the ‘supplementary EIS’) contains sufficient information on potential impacts and proposed avoidance and

mitigation measures for the department to be able to prepare the EIS assessment report including

recommendations for conditions.

Under section 56A of the EP Act, the department must assess and consider:

the submitted EIS

a summary of the submissions

a statement of the proponent’s response to the submissions

any amendments of the submitted EIS because of the submissions (step 17).

The department has 20 business days after receiving the response to submissions to decide whether to allow

the EIS to proceed and must only allow the EIS to proceed if:

the proponent’s response to the submissions is adequate

the proponent has made all the appropriate amendments to the submitted EIS because of the

submissions.

The period may be extended if, at any time before the decision is made, the proponent has agreed in writing to

the extension. Within 10 business days after the decision to proceed or not has been made, the department

must provide written notice of the decision to the proponent (step 18).

If the decision is to refuse to allow the submitted EIS to proceed, the notice must also state:

the reasons for the decision

that the proponent may, under section 56B, apply to the Queensland Environment Minister to review the

decision

how to apply for a review.

If the chief executive decides, under section 56A, to refuse to allow the EIS to proceed, the proponent can apply

to the Queensland Environment Minister to review the decision under section 56B of the EP Act. The proponent

may resubmit under sections 56AA(2-4), with changes, the submitted EIS and the proponent’s response to the

submissions once. This needs to occur within 20 business days after the notice of decision is given to the

proponent under 56A(5), or within an agreed period if agreed to by the department and the proponent. A

resubmitted EIS must be accompanied by the prescribed fee and the form Notice – Amendment/replacement of

an original of environmental impact statement (ESR/2016/2186, DES, 2016) (refer to section 8.1.6 of this

guideline).

9 EIS assessment report (step 19)

Once the department has issued the proponent with a decision notice allowing the EIS to proceed to the next

stage, the department must prepare an EIS assessment report and gives it to the proponent within 30 business

days (step 19).

The EIS assessment report must:

address the adequacy of the submitted EIS (including any amendments made to the submitted EIS) in

addressing the final TOR

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address all properly made submissions and any other submissions accepted by the chief executive

address the adequacy of any environmental management plan for the project

include recommendations about the suitability of the project

include any recommended conditions for required approvals

address the standard criteria

address other matters prescribed under a regulation (e.g. an assessment of the adequacy of the

submitted EIS in addressing MNES under the EPBC Act).

If the EIS is conducted under the bilateral agreement, a copy of the report must be given to the Australian

Environment Minister. The EIS assessment report is also made available on the department’s website.

10 Completion of process (step 20)

The EIS process under Chapter 3 of the EP Act is completed when the proponent is given the EIS assessment

report (step 20).

11 Failure to take a required step

If the proponent does not complete or comply with a required step under the EP Act for the EIS process, the EIS

process will be suspended until the step has been taken. The proponent’s draft TOR or submitted EIS will lapse

on the first anniversary of the suspension or a later day if agreed to by the department and the proponent before

the first anniversary.

If under sections 49 (step 10) and 56A (step 17) the department decides to refuse to allow the EIS process to

proceed, the proponent may, by written notice, apply to the Queensland Environment Minister to review the

decision.

12 Post EIS process

Upon completion of the EIS process under Chapter 3 of the EP Act, any current application process suspended

by the EIS process resumes pursuant to their respective law.

For resource projects, the EA application resumes to chapter 5 of the EP Act, namely the decision stage—

where a decision is made either to approve the EA application with conditions or to refuse it. Specifically:

For site-specific applications and major amendments to an EA, the draft EA is issued in the decision

stage after the EIS process is completed, and may involve the hearing of objections in the Land Court.

Under section 172 of the EP Act, the department must then decide if the EA application for a site-

specific application is approved subject to conditions or is refused (refer to section 1.1 of this

guideline).For voluntary EIS projects, the proponent may now apply for a site-specific EA and for tenure

under relevant resource legislation (refer to section 1.2 of this guideline). If the environmental risks of the

activity or way the activity will be carried, have changed between the time when the voluntary EIS was

completed under the EP Act and when the EA application was made, the proponent will not be exempt

from the information request and public notification requirements under the EP Act.

For projects assessed under the bilateral agreement, the Australian Environment Minister makes a separate

decision under the EPBC Act, subsequent to completion of the EIS process.

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13 Enquiries

The EIS process under the EP Act is administered by the department’s Environmental Impact Assessment

team. Any EIS queries can be directed to this unit, which can be contacted via email: [email protected] or on

telephone 13 74 68 (13 QGOV) during business hours, 8:30am–5:00pm on business days.

14 References

Commonwealth of Australia 2012, Environment Protection and Biodiversity Conservation Act 1999Environmental Offsets Policy accessed January 2019.

Commonwealth of Australia 2014, Queensland Bilateral Agreement Information accessed January 2019.

Business Queensland 2018, Types of applications for a new environmental authority accessed January 2019.

Business Queensland 2018, Applying for an environmental authority accessed March 2019.

Department of Environment and Heritage Protection 2014, Triggers for environmental impacts statements under the Environmental Protection Act 1994 for mining and petroleum activities accessed March 2019.

Department of Environment and Science 2016, Application for pre-lodgement services form (ESR/2015/1664) accessed March 2019.

Department of Environment and Science 2016, Amendment/replacement of an original of environmental impact

statement (ESR/2016/2186) .

Department of Environment and Science 2016 (ESR/2016/2172), Requirements for an environmental impact statement notice accessed March 2019.

Department of Environment and Science 2016, Information guideline for an environmental impact statement accessed March 2019.

Department of Environment and Science 2017a, Environmental Impact Statement (EIS) process

accessed March 2019.

Department of Environment and Science 2017b, Environmental impact statement guidelines <

https://www.qld.gov.au/environment/pollution/management/eis-process/about-the-eis-process/terms-of-

reference> accessed March 2019.

Department of Environment and Science 2018, About the EIS process accessed January 2019.

Department of Environment and Science 2018, Queensland Environmental Offsets Policy Version 1.6 accessed January 2019.

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Department of Environment and Science 2018, Forms and applications accessed January 2019.

Department of State Development 2017, Economic impact assessment guideline accessed March 2019.

While this document has been prepared with care, it contains general information and does not profess to offer legal,

professional or commercial advice. The Queensland Government accepts no liability for any external decisions or actions

taken on the basis of this document. Persons external to the Department of Environment and Science should satisfy

themselves independently and by consulting their own professional advisors before embarking on any proposed course of

action.

Approved:

signed 23/04/2019

Signature Date

Philip Rowland Operational Support Delegate of the Administering Authority Environmental Protection Act 1994

Enquiries:Operational Support Regulatory Support Branch Ph. 13 74 68 (13 QGOV)

Version history

Version Effective date Description of changes

1.00 03/06/2015 Publication of guideline EM1375 (replacing guidelines EM584 and EM596)

1.01 26/11/2015 Guideline updated to reflect legislative changes

1.01 15/03/2016 Guideline renamed to ESR/2016/2171

2.00 23/04/2019 Guideline updated to reflect legislative and departmental changes

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Appendix 1: Acronyms and abbreviations

Acronym/abbreviation Meaning

Australian Environment

Department Australian Government Department of the Environment and Energy

Australian Environment Minister The Australian Government Minister whom administers the EPBC Act

Commonwealth Commonwealth of Australia

CSG coal seam gas

EA environmental authority

the department Queensland Government Department of Environment and Science

EIS environmental impact statement

EP Act Environmental Protection Act 1994

EPBC Act Environment Protection and Biodiversity Conservation Act 1999

(Commonwealth)

EP Regulation Environmental Protection Regulation 2008

IESC Independent Expert Scientific Committee on Coal Seam Gas and Large

Coal Mining Development (Commonwealth)

MNES matters of national environmental significance

MSES matters of national environmental significance

NUMA Non Use Management Area

Queensland Environment

Department The Queensland Government Department of Environment and Science

Queensland Environment

Minister The Queensland Government Minister whom administers the EP Act

TOR terms of reference

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Appendix 2: Glossary

Term Definition

Actions under the Environment

Protection and Biodiversity

Conservation Act 1999 (EPBC

Act)

The glossary of terms under the EPBC Act states that “an action

is defined broadly in the EPBC Act and includes: a project, a

development, an undertaking, an activity or a series of activities,

or an alteration of any of these things. A lawful continuation of an

existing use is not an action. A decision by a government body to

grant an authorisation (for example, a permit or licence) or to

provide funding is not an action.

Actions include, but are not limited to: construction, expansion,

alteration or demolition of buildings, structures, infrastructure or

facilities; storage or transport of hazardous materials; waste

disposal; earthworks; impoundment, extraction and diversion of

water; research activities; vegetation clearance; military exercises

and use of military equipment; and sale or lease of land.”

Advisory bodies Individuals or organisations invited by the department to provide

advice or information during the EIS process.

Affected person for a project An affected person for a project is defined under section 38 of the

EP Act. It includes a person for the operational land or any land

joining it; such as: local governments; Native title holder

bodies/claimants or representative Aboriginal/Torres Strait

Islander bodies; landowners/landholders; mining leases; state

land (state forests; state controlled roads; national parks;

conservation parks). The full list can be found in the EP Act.

Bilateral agreement The environmental impact statement process under the EP Act

has been accredited under ‘An agreement between the

Commonwealth and the State of Queensland under section 45 of

the EPBC Act relating to environmental assessment’ (the bilateral

agreement).

The bilateral agreement can be applied to projects that are:

controlled actions requiring assessment under part 8 of

the EPBC Act, and

are subject to the EIS process under the EP Act.

Chief executive The chief executive is the person in charge of managerial matters

for a government department. Chief executives (or their delegate)

make decisions under legislation they are responsible for

administering.

Controlling provision It is a requirement under the EPBC Act that actions must not be

carried out without prior approval under this Act if they have, or

are likely to have, a significant impact on matters of national

environmental significance. The Australian Environment

Department determines whether or not an action is, or is likely to,

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Term Definition

have a significant impact on a matter/s of national environmental

significance. If so, these matters are the ‘controlling provisions’ for

that action.

Coordinated project A project may be declared to be a coordinated project under the

SDPWO Act if a proponent applies to the Coordinator-General,

and if the Coordinator-General accepts the application. In making

that decision, the Coordinator-General may consider the following

matters:

complex approval requirements involving local,

Queensland and the Australian Governments

significant environmental effects

strategic significance to the locality, region or state,

including infrastructure, economic and social benefits,

capital investment or employment opportunities

significant infrastructure requirements.

Environmental authority (EA) In Queensland, before undertaking an environmentally relevant

activity, approval, in the form of an EA, is needed.

Environmentally relevant activities are industrial, resource or

intensive agricultural activities with the potential to release

contaminants into the environment and are defined in the EP Act

and regulations. They include a wide range of activities such as

aquaculture, sewage treatment, cattle feed lotting, mining and

other resource activities such as petroleum (which includes coal

seam gas), geothermal and greenhouse gas storage activities.

Environmental nuisance The EP Act defines environmental nuisance as unreasonable

interference or likely interference with an environmental value

caused by:

aerosols, fumes, light, noise, odour, particles or smoke

or an unhealthy, offensive or unsightly condition because

of contamination

another way prescribed by regulation.

Environmental Protection Act

1994 (EP Act)

The EP Act is administered by the Department of Environment

and Science. The object of this Act is to protect Queensland’s

environment while allowing for development that improves the

total quality of life, both now and in the future, in a way that

maintains the ecological processes on which life depends

(ecologically sustainable development).

Environment Protection and

Biodiversity Conservation Act

1999 (EPBC Act)

The EPBC Act is administered by the Australian Government

Department of the Environment and Energy. The Act provides a

legal framework to protect and manage nationally and

internationally important flora, fauna, ecological communities and

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Term Definition

heritage places, defined in the Act as matters of national

environmental significance.

Independent Expert Scientific

Committee on Coal Seam Gas

and Large Coal Mining

Development (IESC)

The committee is a statutory committee established by the

Australian Government under the EPBC Act.

Description of the project and

operational land (commonly

referred to as the ‘initial advice

statement’)

The description of the project and operational land (commonly

referred to as the ‘initial advice statement’) is a document that

should be submitted with a draft terms of reference application or

with a voluntary environmental impact statement application to

meet requirements under the EP Act. The project description

should be in accordance with Appendix 3 land of this guideline.

Interested person Interested person means an interested person proposed by the

proponent under section 41(3)(b) of the EP Act; such as an

unincorporated community or environmental body with a financial

or non-financial interest in the local government area that the

operational land is in.

Material environmental harm The EP Act defines material environmental harm (other than

environmental nuisance) as environmental harm:

that is not trivial or negligible in nature, extent or context

or that causes actual or potential loss or damage to

property of an amount of, or amounts totalling, more than

the threshold amount but less than the maximum amount

that results in costs of more than the threshold amount but

less than the maximum amount being incurred in taking

appropriate action to prevent or minimise the harm and to

rehabilitate or restore the environment to its condition

before the harm.

The threshold amount is $5000, or, if a greater amount is

prescribed by regulation, the greater amount.

Mining activity A mining activity is:

an activity that is an authorised activity for a mining

tenement under the MR Act

or another activity that is authorised under an approval

under the MR Act that grants rights over land.

No use management area

(NUMA)

An area of land the subject of a PRC plan that cannot be

rehabilitated to a stable condition after all relevant activities for the

PRC plan carried out on the land have ended (section 112 of the

EP Act).

Offsets An activity undertaken (either voluntarily or imposed) to

counterbalance significant residual impacts of activities on

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Term Definition

particular matters of national, state or local environmental

significance. Relevant legislation include the Queensland

Environmental Offsets Act 2014 and/or the Commonwealth’s

EPBC Act.

Operational land Operational land means the land on which the project is to be

carried out.

Person Person includes a body of persons, whether incorporated or

unincorporated.

Petroleum activity A petroleum activity is:

an activity that, under the Petroleum Act 1923, is an

authorised activity for a petroleum tenure under Petroleum

Act 1923

or an activity that, under the Petroleum and Gas

(Production and Safety) Act 2004, is an authorised activity

for a petroleum authority under that Act

or exploring for, exploiting or conveying petroleum

resources under a licence, permit, pipeline licence,

secondary licence or special prospecting authority granted

under the Petroleum (Submerged Lands) Act 1982.

Project A project includes a development, a proposed development, an

action, a proposed action, a plan or policy.

Proponent Proponent means the person who proposes the project to which

the EIS process applies.

Proposed action A proposed action is an activity or activities proposed under a

project that has to be assessed under the EPBC Act because it

would or has the potential to impact on matters of environmental

significance.

Resource activities Resource activities include mining, petroleum (including coal

seam gas), geothermal and greenhouse gas storage activities.

The Department of Environment and Science is responsible for

the administration and regulation of resource activities under the

EP Act.

Resource projects Resource activities that are proposed to be carried out under one

or more resource tenures, in any combination, as a single

integrated operation are known as resource projects.

Serious environmental harm The EP Act defines serious environmental harm as environmental

harm (other than environmental nuisance) as:

irreversible, of a high impact or widespread

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Term Definition

or caused to an area of high conservation value or special

significance

or that causes actual or potential loss or damage to

property of an amount of, or amounts totalling, more than

the threshold amount

or that results in costs of more than the threshold amount

being incurred in taking appropriate action to prevent or

minimise the harm and to rehabilitate or restore the

environment to its condition before the harm.

The threshold amount is $50,000, or, if a greater amount is

prescribed by regulation, the greater amount.

Significant impact (under the

EPBC Act)

A significant impact is defined under the EPBC Actas an impact

which is important, notable, or of consequence, having regard to

its context or intensity. Whether or not an action is likely to have a

significant impact depends upon the sensitivity, value, and quality

of the environment which is impacted, and upon the intensity,

duration, magnitude and geographic extent of the impacts. All of

these factors should be considered when determining whether an

action is likely to have a significant impact on the environment.

Refer to Commonwealth significant impact guidelines

Significant impact on water

resources

Significant impact on water resources is caused by a single action

or the cumulative impact of multiple actions which would directly

or indirectly:

result in a substantial change in the quantity, quality or

availability of surface or ground water

substantially alter ground water pressure and/ or water

table levels

alter the ecological character of a wetland that is State

significant or a Ramsar wetland

divert or impound rivers or creeks or substantially alter

drainage patterns

reduce biological diversity or change species composition

alter coastal processes, including sediment movement or

accretion, or water circulation patterns

result in persistent organic chemicals, heavy metals, or

other potentially harmful chemicals accumulating in the

environment such that biodiversity, ecological integrity,

human health or other community and economic use may

be adversely affected

substantially increase demand for, or reduce the

availability of water for human consumption.

Refer to Commonwealth significant impact guidelines.

Guideline



Term Definition

Site-specific application A site-specific application is an application for an environmental

authority for ineligible Environmentally Relevant Activities under

the EP Act, i.e. for activities that are:

not able to comply with the eligibility criteria

have no set eligibility criteria

or are carried out as part of a coordinated project.

Standard criteria The standard criteria are defined in schedule 4 of the EP Act.

Voluntary EIS Sections 69 to 72 of the EP Act allow a proponent to apply for

approval to voluntarily prepare an EIS. An application for a

voluntary EIS allows a proponent to commence an EIS process

for a project without having to submit an environmental authority

application.

Guideline

The environmental impact statement process for resource projects un

the environmental impact statement process for resource … · 2020. 7. 30. · 1.1 site-specific...

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